Carl C. Scherz

Partner

Overview

Carl Scherz is a Deputy Chair of the Firm's Financial Services Litigation Practice Group and concentrates his practice in complex business related and financial services litigation. He has extensive experience in a wide range of litigation areas in both federal and state court, including litigation relating to banking and financial services companies, insurance related litigation, ERISA and health care litigation, partnership disputes arising from real estate and energy partnerships and joint ventures, construction litigation, product liability, and securities litigation. His practice has included representing clients in individual cases as well as class action and multi-district litigation.

Representing financial services companies and manufacturers in putative class actions, including: claims brought by a putative class of Pacific Rim life insurance policyholders dismissed on the basis of forum non conveniens; putative national class actions complaining of sales practices in the sale of life and annuity products; claims brought by putative national classes of policyholders arising from coverage issues under automobile and homeowner policies; claims brought by putative national classes of policyholders arising from the handling of workers compensation subrogation claims; putative class action claims arising from product warranty and marketing issues

Representing ERISA plan administrators, third party claim administrators, and plan providers in actions brought by hospitals and medical providers alleging slow and short payment under PPO and HMO slow payment regulations and under governing provider PPO agreements, and in ERISA litigation arising from the handling of ERISA claims and administration of ERISA plans. See, e.g., Cook Children’s Medical Center v. The New England PPO Plan of General Consolidated Management, Inc., 491 F.3d 266 (5th Cir. 2007)

Representing limited and general partners in disputes arising from partnership rights and obligations in a variety of contexts, including real estate and energy partnerships.